"The Talk of the Town"
(NEW YORK) — The Alexander brothers — Alon, Oren and Tal — have been arrested on federal charges out of New York, according to prosecutors.
The prominent real estate brothers have previously been accused in civil lawsuits of various acts of sexual misconduct.
The criminal charges have not been unsealed.
This is a developing story. Please check back for updates.
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(NEW YORK) — A Manhattan jury found Daniel Penny not guilty in the chokehold death of Jordan Neely, following nearly a week of deliberations.
Penny, a former Marine and architecture student, was initially charged with manslaughter and negligent homicide. Prosecutors alleged that Penny killed Neely, a 30-year-old homeless man who had previously been a Michael Jackson impersonator, when he placed him in a six-minute-long chokehold on a subway car in May 2023, holding Neely for at least 51 seconds after his body went limp. The city’s medical examiner concluded Penny’s chokehold killed Neely.
The defense told jurors that Penny “acted to save” subway passengers from a “violent and desperate” Neely, who was acting erratically, and that Penny continued to hold on because he feared Neely would break free, though he didn’t intend to kill Neely. The defense argued Neely died from a genetic condition and the synthetic marijuana found in his system.
The jury deliberated for more than 24 hours across five days before acquitting Penny of criminally negligent homicide on Monday. They were previously deadlocked on the more serious charge of second-degree manslaughter, which Judge Maxwell Wiley dismissed on Friday at the request of prosecutors.
Penny pleaded not guilty to both charges.
The jury submitted several questions to the court during the course of their deliberations, giving some insight into their thinking.
Day 1
A little more than an hour after beginning deliberations, the jury on Tuesday asked for a readback of a portion of the judge’s instructions on the law. The jury was interested in the part about justified use of force.
Day 2
The jury asked to see key videos shown during the trial — police body camera footage, Penny’s interrogation video and a bystander’s video on Wednesday.
Later that day, the jury asked for a readback of testimony. The jury wanted to hear part of the cross-examination of the city medical examiner who concluded Penny’s chokehold killed Neely. Dr. Cynthia Harris, who was the final witness for the prosecution during the trial, determined that Neely died from compression to the neck.
During an intense cross-examination, Harris had pushed back against the defense suggestion that the public sentiment surrounding the trial influenced her conclusion that “there are no alternative reasonable explanations” for Neely’s death other than Penny’s chokehold.
“No toxicological result imaginable was going to change my opinion,” she testified.
Day 3
The jury heard more testimony read back from the cross-examination of Harris.
The jury subsequently requested to see two bystander videos capturing the moments when Penny placed Neely in a chokehold. The jury had already requested one of the two bystander videos the previous day.
Wiley allowed the jury to access a laptop with the videos so they could watch the requested videos as many times as they’d like.
Later that day, the jury requested the definitions of criminal negligence and recklessness.
“We the jury request that Judge Wiley read the definition of recklessness and negligence. Please read it more than once,” the note read. “Could the jury have the definitions in writing?”
The jury was considering two counts – second-degree manslaughter, which carries a maximum 15-year sentence, and criminally negligent homicide, which has a four-year maximum. To convict Penny of manslaughter, the jury must be convinced Penny acted recklessly and grossly deviated from how a reasonable person would behave knowing the risk his conduct posed.
Day 4
The jury told the judge on Friday they were “unable to come to a unanimous vote” on whether Penny committed manslaughter.
“We the jury request instructions from Judge Wiley. At this time, we are unable to come to a unanimous vote on court one,” the note said.
The verdict form asked the jury to decide the first count — second-degree manslaughter — before potentially moving to the second count of criminally negligent homicide. Only if they found Penny not guilty on the first count could they consider the second count.
About 20 minutes after the judge encouraged them to continue deliberating despite their deadlock, the jury sent back another note requesting more information about the term “reasonable person” in their instructions.
“Ultimately what a reasonable person is up to you to decide,” Wiley told the jury in response to their note, referring them to a two-part test in jury instruction.
“Would a reasonable person have had the same honestly held belief as the defendant given the circumstances and what the defendant knew at that time?” Wiley asked, referring to the second part of the test.
Several hours later, Wiley dismissed the top charge of second-degree manslaughter at the request of prosecutors.
The judge encouraged the jury to continue deliberating on Monday the lesser charge of whether Penny committed criminally negligent homicide.
Day 5
The jury announced Monday morning they had reached a unanimous decision on count two — finding Penny not guilty of criminally negligent homicide.
The courtroom broke out in a mix of cheers, clapping, and jeers as soon as the verdict was read.
Neely’s father cursed in anger shortly after the verdict and was forcibly removed from the courtroom by a court officer. Others in the gallery shouted, and one woman broke down in tears.
Penny, walking out of the courtroom, flashed a brief smile before returning to his stone-faced demeanor. His lawyers embraced one another while seated at the counsel table.
Manhattan District Attorney Alvin Bragg, whose office prosecuted the case, thanked the jury and vowed to respect their verdict.
“The jury has now spoken. At the Manhattan D.A.’s Office we deeply respect the jury process and we respect their verdict,” he said in a statement.
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(NEW YORK) — A new storm — which will strengthen into Hurricane Helene — is taking aim at Florida, where it’s forecast to make landfall along the Big Bend area as a hurricane on Thursday.
Here’s how the news is developing:
Tampa airport to close
The Tampa International Airport will close at 2 a.m. Thursday ahead of Hurricane Helene, officials said.
Airport officials expect to reopen Friday.
North Carolina declares state of emergency
North Carolina has declared a state of emergency ahead of Hurricane Helene, Gov. Roy Cooper announced on Wednesday.
“Helene threatens heavy rain, flash flooding, landslides, and damaging winds to the mountains and Piedmont areas of our state,” the governor warned in a statement. “Now is the time for North Carolinians to prepare, make sure emergency kits are up-to-date and pay attention to the weather alerts.”
The state is preparing water rescue teams and urban search and rescue teams to help respond to the storm.
Universities, schools close as Helene approaches
Florida A&M University, the University of Tampa, the University of Florida and Florida State University’s Tallahassee campus have all announced closures ahead of Hurricane Helene’s landfall. The University of Tampa is under a mandatory evacuation order.
Younger students will also be out of school in counties including Pasco, Pinellas, Hernando, Citrus, Sarasota, Leon and Hillsborough.
-ABC News’ Alex Faul
Latest forecast
Helene, currently a Category 1 hurricane, is expected to rapidly intensify and could reach major category status — Category 3 — by Thursday morning.
Helene could be a high-end Category 3 hurricane with 125 mph winds by the time it makes landfall Thursday night in the Big Bend area of Florida. Helene might even be a Category 4 hurricane with 130 mph winds during landfall.
A hurricane warning is in effect just north of Tampa, covering Apalachicola, Florida; Tallahassee, Florida; and Valdosta, Georgia.
A tropical storm warning is in effect in Jacksonville, Florida; Orlando, Florida; Miami; and Charleston, South Carolina.
Inland flash flooding is also a major concern.
A separate storm is bringing heavy rain to Georgia and the Carolinas on Wednesday, so the additional rain from Helene could cause a historic flood event in the southern Appalachians Thursday night into Friday.
A tropical storm watch has been extended further north to include Atlanta and Asheville, North Carolina, for Thursday night into Friday morning. Strong, damaging winds up to 70 mph are possible in Atlanta on Friday.
-ABC News’ Max Golembo
University of Tampa students ordered to evacuate
The University of Tampa is ordering all students who live on campus to evacuate by 1 p.m. Wednesday, citing mandatory evacuation orders from Hillsborough County officials.
Hurricane Helene is forecast to bring dangerous storm surge to the Tampa Bay area.
“The residence halls will be closed after the evacuation concludes, and there will be no entry allowed into residential buildings until they are reopened following the storm,” the university said in a message to students.
The University of Tampa said it plans to resume operations on Monday.
-ABC News’ Alex Faul
Helene strengthens to Category 1 hurricane
Helene has strengthened to a Category 1 hurricane with sustained winds of 80 mph.
Helene — now located about 500 miles south-southwest of Tampa, Florida — is the fifth hurricane to form in the Atlantic Basin this season.
64 of Florida’s 67 counties under watches or warnings
Sixty-four out of Florida’s 67 counties are under alerts as Helene nears the state, said Kevin Guthrie, executive director of the Florida Division of Emergency Management.
Only three counties — Escambia, Okaloosa and Santa Rosa — are not under some type of watch or warning, like tropical storm, storm surge or hurricane, he said.
Wednesday is the last day for Floridians to finalize preparations before Helene hits, Florida Gov. Ron DeSantis warned.
All Floridians should be prepared for power outages, DeSantis added.
At least 12 health care facilities, including hospitals and nursing homes, are evacuating, and more may choose to do so in the coming hours, the governor said.
-ABC News’ Alex Faul
Extreme flash flooding possible in Blue Ridge Mountains in Georgia, Carolinas
Extreme flash flooding is possible in the Blue Ridge Mountains in Georgia, North Carolina and South Carolina.
First, a storm system separate from Helene is hitting the south on Wednesday. Up to 6 inches of rain is possible over the next 24 hours, bringing a flash flood risk from Atlanta to Asheville, North Carolina.
Then, Thursday afternoon through Friday morning, Hurricane Helene will bring even more extreme rain and flooding to the southern Appalachians.
A rare “high risk” alert for heavy rain has been issued. Up to 15 inches of rain is possible in some spots.
-ABC News’ Max Golembo
How storm surge works and why it’s so dangerous
Helene is forecast to bring 10 to 15 feet of dangerous storm surge to Florida’s Big Bend area, and 4 to 8 feet of storm surge to Tampa Bay.
In 2005, during Hurricane Katrina, at least 1,500 people died “directly, or indirectly, as a result of storm surge,” according to the National Hurricane Center.
Click here to read how storm surge works and why it’s so dangerous.
Helene nears hurricane strength
Tropical Storm Helene is nearing hurricane strength Wednesday morning as it churns just of the northeastern coast of the Yucatan Peninsula.
Helene is about 100 miles west-southwest from the western tip of Cuba.
Tropical storm forecast to ‘rapidly’ intensify into major hurricane
Tropical Storm Helene was expected to “rapidly” strengthen and grow in size as it moved on Wednesday into the Gulf of Mexico, U.S. weather officials said.
The storm as of about 4 a.m. local time had maximum sustained winds of about 65 mph, the National Hurricane Center said. It was expected to intensify into a hurricane on Wednesday, before further strengthening into a “major” hurricane on Thursday, the center said.
Helene early Wednesday was traveling northwest at about 9 mph, the center said.
“On the forecast track, the center of Helene will pass near the northeastern coast of the Yucatan Peninsula this morning, move across the eastern Gulf of Mexico on later today and Thursday, and reach the Big Bend coast of Florida late Thursday,” the center said.
Biden approves Florida emergency declaration ahead of Helene’s landfall
As Florida residents prepare for Tropical Storm Helene to make landfall Thursday, the White House has approved the state’s emergency declaration.
President Biden’s approval allows for federal assistance to supplement state, tribal and local response efforts.
The Department of Homeland Security and the Federal Emergency Management Agency (FEMA) will coordinate all federal disaster relief efforts, according to the White House’s statement.
Biden’s approval Tuesday comes as officials in Sarasota County announced a Level A evacuation order for portions of two neighborhoods beginning Wednesday morning at 7:00 a.m. ET.
Officials encouraged residents in Curry Creek, Hatchett Creek, Venice and those in Forked Creek, Englewood to be aware of the conditions and stay alert for further updates.
Hurricane warnings issued for portions of Florida’s Panhandle, Big Bend and Gulf Coast
On the current track, Tropical Storm Helene is forecast to make landfall late Thursday night, between 8:00 and 10:00 p.m. ET, as a major Category 3 hurricane with winds up to 115 mph in the Florida Big Bend region.
Hurricane warnings have been issued for Florida’s Panhandle, Big Bend and Gulf Coast regions and hurricane watch warnings have extended into southern Georgia.
Officials have issued tropical storm warnings from Naples and Fort Myers to Orlando and tropical storm watch warnings are in place across Florida’s east coast up to Savannah, Georgia.
Helene’s latest forecast
Helene is expected to strengthen to a hurricane on Wednesday as it enters the Gulf of Mexico and strengthen further to a major Category 3 hurricane by Thursday morning.
A hurricane watch is in effect in Florida from Tallahassee to Tampa, where hurricane conditions will be possible late Wednesday night through late Thursday night.
Wednesday night into Thursday morning, Helene’s outer bands will start to lash Florida’s Gulf Coast. The worst of the conditions will be throughout the day on Thursday.
Helene is forecast to make landfall Thursday night along Florida’s Big Bend region as a Category 3 hurricane. Winds could be up to 115 mph during landfall.
Helene is expected to be a large hurricane, which means impacts will extend significantly beyond the center, impacting most of Florida and much of the Southeast.
After landfall, Helene is forecast to quickly move north into Georgia, bringing heavy rain and strong winds to the South.
A significant flash flood risk stretches from the Florida Panhandle to South Carolina — including Tallahassee to Atlanta — Thursday night into early Friday.
-ABC News’ Melissa Griffin
How much rain, storm surge to expect
Ten to 15 feet of dangerous storm surge is forecast for Florida’s Big Bend area. Tampa Bay could see 4 to 8 feet of storm surge.
Four to 8 inches of rain is expected from Helene, with 12 inches locally, bringing major flash flooding.
Tornadoes are also possible on Wednesday and Thursday.
Damaging wind gusts over 100 mph will be possible in Tallahassee and Florida’s Big Bend area during landfall Thursday night.
-ABC News’ Melissa Griffin
Universities, schools close ahead of Helene
Ahead of Helene, Florida A&M University in Tallahassee canceled class from Tuesday afternoon through Friday. The university will be closed Wednesday through Friday.
Florida A&M said this weekend’s home football game and parents’ weekend will be rescheduled.
Florida State University said its Tallahassee campus will be closed from Wednesday morning to Sunday night.
FSU Tallahassee students can stay on campus during the closure, but should plan for possible power outages and be prepared to possibly stay inside all day Thursday, the university warned.
Officials in Florida are also closing public schools in multiple counties, including Pasco, Pinellas, Hernando, Citrus and Sarasota.
Mandatory evacuations have been announced in parts of Charlotte and Franklin counties.
Helene strengthens to tropical storm: Latest forecast
Helene, currently located about 180 miles east southeast of Cozumel, Mexico, strengthened to a tropical storm on Tuesday morning.
The forecast shows Helene moving through the Yucatan Channel Wednesday morning, bringing near hurricane-force wind gusts to Cancun, Mexico.
By Thursday morning, coastal flooding will reach Florida, including Naples and Fort Myers.
On Thursday night, Helene will make landfall near Apalachicola, Florida.
Dangerous wind gusts up to 105 mph are expected and storm surge will be a major threat for the Tampa Bay area.
By Friday morning, the center of Helene will be near Atlanta, bringing strong winds to Georgia, Tennessee, South Carolina and North Carolina.
Downed trees and power lines will be a major danger across the Southeast.
The flash flood threat will continue into the weekend in the Tennessee, Ohio and Mississippi River Valleys.
State of emergency declared in 61 Florida counties
Helene is forecast to be a major hurricane by the time it makes landfall Thursday night, Florida Gov. Ron DeSantis warned Monday.
A state of emergency has been declared in 61 of Florida’s 67 counties, DeSantis said.
“The Big Bend and Panhandle should be especially prepared for a direct impact,” the governor said, and he urged residents to know their evacuation zone.
“You have time to be able to put this place into place,” DeSantis said, noting Helene’s impacts could begin Wednesday.
Latest forecast
Helene will strengthen to a hurricane Tuesday night, and rain is expected to begin in Florida Wednesday afternoon into Thursday morning.
On Thursday evening, Helene will make landfall along Florida’s Big Bend area, located between Tallahassee and Gainesville.
Storm surge could reach up to 15 feet in the Big Bend area.
Heavy rain and strong winds are also major threats.
A hurricane watch is in effect for Florida’s Gulf Coast and a tropical storm watch was issued from Orlando to the Florida Keys.
By Thursday night into Friday, the storm will quickly push into Georgia with very heavy rain, gusty winds and possible flash flooding.
This weekend, the storm will stall over the Mid-South, bringing heavy rain and possible flooding to the Tennessee, Ohio and Mississippi River Valleys.
A flood watch has been issued in Florida from Fort Myers to Tampa to Tallahassee, as well as in southern Georgia and Alabama.
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(LOS ANGELES) — Los Angeles County District Attorney George Gascón is supporting the Menendez brothers’ new effort to petition California Gov. Gavin Newsom for clemency, which would reduce their sentence or grant a pardon, ABC News has learned.
Gascón plans to submit a letter to that effect by the end of the day Wednesday.
Lyle and Erik Menendez have spent nearly 35 years in prison for the 1989 murder of their parents, Jose and Kitty Menendez.
Lyle and Erik Menendez were sentenced in 1996 to two consecutive terms of life without parole.
While prosecutors alleged they killed their parents for money, the defense argued the brothers acted in self-defense following years of sexual abuse by their father.
Besides the new clemency route, the brothers have two other possible tracks to freedom.
One path is through resentencing.
Gascón announced last week that he was recommending the brothers’ sentence of life without the possibility of parole be removed, and they should instead be sentenced for murder, which would be a sentence of 50 years to life.
Because both brothers were under 26 at the time of the crimes, with the new sentence, they would be eligible for parole immediately, Gascón said.
“We appreciate what they did while they were in prison,” Gascón said at a news conference of the brothers. “While I disapprove of the way they handled their abuse, we hope that they not only have learned — which appears that they have — but that if they get reintegrated into our community, that they continue to do public good.”
Gascón’s recommendation will go before a Los Angeles Superior Court judge, and if the judge agrees, the decision will next be in the hands of a parole board.
The second possible track for release is the habeas corpus petition filed last year for a review of new evidence not presented at trial.
One piece of evidence is allegations from a former member of the boy band Menudo, who is alleging he was sexually abused by music executive Jose Menendez.
The second piece of evidence is a letter Erik Menendez wrote to his cousin eight months before the murders detailing his alleged abuse. The cousin testified about the alleged abuse at trial, but the letter — which would have corroborated the cousin’s testimony — wasn’t unearthed until several years ago, according to the brothers’ attorney, Mark Geragos.
Through this petition, the court could reverse the convictions or reopen proceedings.
Officials in the DA’s office told ABC News they are “keeping an open mind” to reducing the conviction to a lesser charge based on the new evidence.
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